Amendment_0011.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Answ er questions to prospective bidders for informational purposes only.

2. Provide Dw g L604 (Lighting Details), w hich has been included in this amendment to provide further details to existing information in the solicitation.

3. Amend the Bid Schedule and Bid Schedule Notes.

4. Provide revised Wage Determination.

5. Revise and reissue the Specif ications (Sections 31 41 16 and 31 62 16.16 are amended).

No further questions w ill be accepted by the Government. Bidders must bid the project as they see it, unless techical deficiences are found.NOTE: Bidders must acknow lledge receipt of this amendement of date specif iied in the bid (or as amended ) by one of the follow ing methods:In the space provided on the SF 1442, by separate letter, or by signing block 15 below . FAILURE TO ACKNOWLEDGE BY DATE SPECIFIEDMAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE MODIFICATION OF BID, OR

LATEWITHDRAWAL OFBID (FAR 14.304)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 50

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Nov-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS19B0006

X 9B. DATED (SEE ITEM 11)

28-May-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION

NO. 0011

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Nov-2019

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS19B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0011

Section 00 10 00 – Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Steel Sheet Piles, Bulkhead System

FFP

See Priced SubCLINs 0001AA and 0001AB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1,098 Linear

Foot Steel Sheet Piling

FFP

Steel for Concrete Cap, and Tie-Back Bulkhead System - Steel Sheet Piling for the construction of bulkhead, concrete cap and related work, including drainage structures, for Stations 9+05 through 20+03, complete, in accordance with the drawings and specifications, but not including Items 0002- 0015 on the bid schedule. [ESTIMATED QUANTITY] FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AB 1 Job Construction of Steel Sheet Piles

FFP

Concrete Cap, and Tie-Back Bulkhead System - All work, excluding steel costs stated in SubCLIN 0001AA, for construction of bulkhead, concrete cap and related work,including drainage structures, for Stations 9+05 through 20+03, complete, in accordance with the drawings and specifications, but not including Items 0002- 0015 on the bid schedule.

0002 5 Unit Ladders

FFP

All work for ladders at locations covered in contracts 1, 2, and 4A

0003 4,061 Linear

Foot

Railings

FFP

All Work for Railings for locations covered in contracts 1 and 2.

0004 1 Job Drawing Set

FFP

Contractor shall complete the Record ("As-Builts") CAD submittal as required by Specification Section 01 78 00.00 18 CLOSEOUT SUBMITTALS for Record Drawings (“as-Builts”) Requirements and Section 01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS for CADD standards and compliance.

Prepriced CLIN in the amount of $100,000. The amount paid will be actual cost

NOT TO EXCEED THE PREPRICED AMOUNT.

0005 1 Job Report and Drawing set

FFP

Recording of Archeological historical structures and development of treatment plan for historical structures

0006 1 Job Report and Drawing set

FFP

Development of Landscape seeding plan with two coordination meetings with DLUR and Development of Tree Survey, Protection, and Restitution plan with two coordination meetings with representatives of State of New Jersey

0007 600 Cubic

Yard

Displacement Stone Material

Material for Displacement Stone

0008 1 Job OPTION OPTIONAL ITEM 1- Removal and Disposal

FFP

All Work for Removal and Disposal of the known Underground Storage Tank (UST) within the easement area.

0009 100 Cubic

OPTION OPTIONAL ITEM 2 - Excavation, Transport

All Work for Excavation, Testing, Transport, Treatment and Off-Site Disposal of Upland Material Exceeding NJDEP Non-Residential Soil Cleanup Criteria and classified as Contaminated Non-Hazardous (ID 27 Waste) not suitable for landfill cover, etc. for Stations 9+05 through 20+03, complete. "Estimated Quantities"

0010 100 Cubic

OPTION OPTIONAL ITEM 3 - Excavation, Transport

All Work for Excavation, Testing, Transport, Treatment and Off-Site Disposal of Upland Material Exceeding NJDEP Non-Residential Soil Cleanup Criteria and classified as Contaminated Hazardous or material not suitable for landfill cover, etc. for Stations 9+05 through 20+03, complete. "Estimated Quantities"

0011 1 Job OPTION OPTIONAL ITEM 4 – Implementation Plan

FFP

All work for implementation of landscape and seeding plan. Prepriced CLIN in the amount of $100,000. The amount paid will be actual cost NOT TO EXCEED THE

PREPRICED AMOUNT.

0012 1 Job OPTION OPTIONAL ITEM 5 – Implementation Plan

FFP

All Work for stabilization of historic structures. Prepriced CLIN in the amount of $100,000. The amount paid will be actual cost NOT TO EXCEED THE

PREPRICED AMOUNT.

0013 100 Linear

OPTION OPTIONAL ITEM 6 – Additional materials

Additional furnishing and placing steel wide flange beams/sheet pile connections

0014 100 Cubic

OPTION OPTIONAL ITEM 7 – Additional materials

Additional 100 CY material for displacement stone

0015 1 Job

OPTION OPTIONAL ITEM 8

FFP

Liability insurance for New Jersey Department of Environmental Protection (NJDEP), Newark CEDC, and City of Newark. NON-FED FUNDS

TOTALS SECTION

BASE TOTAL AMOUNT (CLIN 0001-0007)

OPTIONAL ITEM 1 TOTAL AMOUNT (CLIN 0008)

OPTIONAL ITEM 2 TOTAL AMOUNT (CLIN 0009)

OPTIONAL ITEM 3 TOTAL AMOUNT (CLIN 0010)

OPTIONAL ITEM 4 TOTAL AMOUNT (CLIN 0011)

OPTIONAL ITEM 5 TOTAL AMOUNT (CLIN 0012)

OPTIONAL ITEM 6 TOTAL AMOUNT (CLIN 0013)

OPTIONAL ITEM 7 TOTAL AMOUNT (CLIN 0014)

OPTIONAL ITEM 8 TOTAL AMOUNT (CLIN 0015)

GRAND TOTAL- BASE AMOUNT PLUS OPTIONAL ITEMS 1 – 8 AMOUNTS (CLIN 0001-

0015) $ ___________________________

BID SCHEDULE NOTES

1. Bidders are required to bid on all items in the Price Schedule or their bid will be rejected.

2. Low bidder for the purpose of award will be the conforming responsible bidder offering the lowest amount for the Grand Total Bid Items.

3. Any bid which is materially unbalanced as to prices for the bid items may be rejected. An unbalanced bid is one which is based on prices significantly less than cost for some work, and prices which are significantly overstated for other work.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended.

Any deviations, conditions, or attachments made by the bidders thereto may render the bid non-responsive and may be cause for its rejection.

5. If awarded, the options would be exercised as follows:

Option #1, Bid Item No. 0008, Removal and Disposal of UST, may be awarded within 120 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #2, Bid Item No. 0009, Contaminated Non-Hazardous Material (ID27), may be awarded within 210 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #3, Bid Item No. 0010, Contaminated Hazardous Material, may be awarded within 210 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #4, Bid Item No. 0011, Implementation of Landscape Plan may be awarded within 270 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #5, Bid Item No. 0012, Implementation of Treatment Plan, may be awarded within 270 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #6, Bid Item No. 0013, Additional Materials, may be awarded within 180 calendar days of issuance of the Base Bid NTP. Additional 90 days will be added to the scheduled.

Option #7, Bid Item No. 0014, Additional Materials, may be awarded within 180 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

Option #8, Bid Item No. 0015, Liability Insurance, may be awarded within 60 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

QUESTIONS AND ANSWERS

(Questions that may be of general interest to all Offerors and/or the Government and that are not readily answered by the proceeding changes will appear below. These questions may have been paraphrased or altered to represent several questions regarding the same subject and/or simply revised to clarify and simplify the question(s). Questions and answers are issued to the Offerors “for information only ”and do not revise the solicitation, plans or specifications).

1. CLIN #0013: The decision to provide Optional Item #6 – Additional King Pile Bulkhead Materials does not cure the design problems and subsurface information deficiencies that were discussed in several of the Bidders Questions. Also, the bid documents do not provide any explanation to the bidders that states how this Optional Item #6 will be used by the Government to compensate the Contractor for the Additional Bulkhead Materials.

All bidders know is that Option #6 will be awarded within 180 calendar days and that no additional time shall be added to the contract, which is neither fair nor reasonable since there will be significant schedule impacts if Option #6 is excercized. As we pointed out in the Bidders Questions all of the Bulkhead Materials required for this project require special Mill Orders and will involve substantial lead times for fabricating and coating the Steel Bulkhead Materials. Consequently, all of the required Bulkhead Materials need to be ordered early in the project based on the Bulkhead Designs shown on the drawings.

Hence, it is not practical or realistic to switch, at-will, from the Sheet Pile Wall to the King-Pile, and re-order the specialty materials when subsurface conditions do not allow for the implementation of the Sheet Pile Bulkhead Designs shown on the drawings. This strategy is flawed and does not cure the root problem. Please Clarify how Option #6 will be used to compensate the Contractor and add at least 4 months to the schedule if Option #6 is excercised.

Govt Response: The schedule has been updated to add extra 90 days.

2. The Government’s Response to Addendum #8 Question 40 states (in part) that Note #3 on Dwg. C-501 does not require switching from a Tie-back Sheet Pile Bulkhead to a King Pile Bulkhead. However, if the bidders are interpreting Note #3 incorrectly, then the author of Note #3 has a duty and obligation to clarify the intent and purpose of Note #3 in order to avoid any misunderstanding by the Bidders. Also, it should be noted that the Government has explicitly stated several times in the Addendum #8 Questions and Answers that Option #6 was added to the contract to allow the Contractor to switch from a Sheet Pile Wall to a King Pile Wall. So, the Government’s Response to Questions #40 does not square with the Government’s decision to add Option #6 to the contact. Consequently, the Government’s Response to Question #40 does not properly inform the Bidders as to the correct interpretation of Note #3, and without further clarification of Note #3, this Note will remain ambiguous and misinterpreted by the Bidders.

Therefore, please amend Note #3 to clarify the intent of that note so that all Bidders are on the same page as the Government.

Govt Response: The notes are consistent with the site conditions. Added time will address this concern.

3. The Government failed to answer the Addendum #8 Question #36.a. The Bidder requested the maximum off-set distance from the face of the new Bulkhead for installing the Cofferdam. The Government failed to provide this basic and fundamental information, which is missing from the drawings. Therefore, the Government has a duty and obligation to provide this missing information, which will be needed for installing the Cofferdam.

Govt Response: This was responded on Addendum #8 – 36a. It is contractor means and methods within a maximum off set distance of 10 feet

4. CLIN #0003: The Government Responses to Add #8 Questions #20, #21, #22 state that the Bidders are to use the Newark Riverfront Park Project as a guide, yet those are the very same documents that require clarification. The Government Responses to these questions also indicate that an Attachment was to be included with Addendum #8 to clarify the Railing Details.

Yet, there was no Railing Attachment included in Addendum #8 that clarified the important and fundamental questions that we submitted in our RFI’s pertaining to the Railing. As a result of this lack of important design information the Bidders have no idea how to estimate the costs of furnishing and installing 4,061 LF of Railing because Addendum #8 did not clarify which railing details are to be used, and Addendum #8 did not clarify whether or not the Railings are to be illuminated, and if the Railings are to be Illuminated, then the drawings need to provide Electrical Plans and Details, and the Electrical Specifications need to be provided for the Lighting. Please clarify this major item.

Govt Response: The attachment was uploaded to FBO.gov. This contract only addresses installing of Railings as in the provided responses. There is no electrical work as part of this contract.

5. The Government failed to provide a clear and simple response to the Addendum #8

Question #31 that requested confirmation that No Lighting or Electrical Work area required for the 4,061 LF of new Railing. Instead, the Government provided an evasive and ambiguous response that makes reference to the very same ambiguous documents from the Newark Riverfront Park Project that prompted the Bidder’s Question in the first place. The Government has a duty and obligation to provide a clear and unambiguous response to the Bidder’s Question that affects a major item for this project.

Govt Response: This contract only addreses installing of Railings as in the provided responses.

6. CLIN #0005: The response to Addendum #8 Question #16 does not provide sufficient information for bidders to know where the UST is to be found within the site, or the size of the UST, or information on the contents in the tank, and the 2,776 page Site Assessment Report does not provide this information either. That is why this CLIN #0005 deserves to be bid as a Fixed Allowance Item because there is no information provided in the bid documents that can be used by bidders to provide to a Specialty Subcontractor for pricing purpose. Please make the requested change to the proposal.

Govt Response: All the available information was provided on prior RFIs responses (Addendum #8 - Question #16) related to the location of the known UST on the site.

7. The Government’s Response to Addendum #8 Questions #2 and #24 did not clarify whether or not the Base Bid of Contract 3A is to include the cost of providing a Topsoil Layer in CLIN #0001, or if the cost of providing the Topsoil Layer is to be included in the Scope of Work for CLIN #0011 – Optional Item #4. The bidders need to know this basic information and Addendum #8 failed to provide the necessary clarification. Please clarify.

Govt Response: : This was responded as combination of different sections of Addendum

08. There is specifications for coordination meetings and Item #0010 Option Item 4 requests the implementation plan that includes cost of providing the topsoil layer.

8. The Government’s Response to Addendum #Question 44.f.2 states that the bid proposal provides a pay item for General Fill. However, that statement is false and misleading.

Therefore, the bid proposal needs to be revised to include a new pay item to import the required backfill that will be needed if the existing soils are determined to be unsuitable for backfilling.

Govt Response: The General Fill is part of the CLIN 0001

9. On the day after Amendment #8 was issued the Government issued three Attachments to Amendment #8 without any explanation as to why these attachments were being issued and what the Government expects the Bidders supposed to do with the information contained in the Attachments, and how these Attachments are to be used by the Bidders in preparing their prices for this project. With regard to these Attachments, please clarify the following:

a. Why was the NJDOT Application for Highway Occupancy provided as an Attachment?

b. Why was the NJDOT Traffic Controls Drawing TCD-14 provided as an Attachment

Govt Response: These attachements were the ones referred throughout the anssers of Addendum #8. The traffic control plan are provided to allow the contractor planning for this project.

10. The Government’s Response to the Access Issue in Addendum #8 - Question #35 is not adequate and does not provide a remedy for this important logistical problem. In order to perform the heavy construction work that is required for this project the Contractor has to deliver many loads of piling materials, rebar, formwork, concrete, etc. to the waterfront; and, in order to allow for these deliveries as well as craft labor and other vehicles to reach the waterfront work area the Contractor needs access from McCarter Highway. The Government has planned this project for many years and the Government should have secured a temporary construction easement long ago with the City of Newark, or others, that would have provided an appropriate location for the Contractor to obtain access to the waterfront work area. This is especially true since the Government has stated in their Response to Addendum #8 - Question #36 that waterside work/barges are not permitted and that the Contractor is to work from the land-side.

For the Government to state that “Not all access points will be available at all times” is evasive, ambiguous and does not provide a constructive solution to the logistical problem that the main access location designated on the contract drawings is no longer available to the Contractor.

The Government has a duty and obligation to provide access to the waterfront work area at all times, and not just some of the time. The Government’s Response to Question #35 also states that “the access maps for Contract 3A are attached”, but we have not found any such Access Maps attached to Addendum #8, and there were no Access Maps included with the three Amendment #8 Attachments that were issued separately the day after Amendment #8 was issued.

Therefore, we request that a clear response be provided by the Government that provides a constructive solution to the important Access Issue and that clearly instructs the Bidders as to how the Contractor will be provided with Full-Time Access to the waterfront work area for Contract 3A.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. This was responded to the best available information at this time.

The contractor shall plan accordingly as per the information provided.

11. Now we see that the Government has uploaded on October 16th some additional Attachments to FedBizOpps that were not available on FedBizOpps until this morning, and which were provided without any explanation whatsoever. In this new batch of Attachments we now see some LED Lighting Catalogue Cuts that were from a previous project performed by Tomco, as well as another document titled “Site Access”, which should have been issued with the three previous Attachments to Addendum #8. With regard to these new Attachments, please clarify the following:

c. a. Please clarify what the Bidders are to do with the LED Lighting Catalogue Cuts. We assume that the Lighting Catalogue Cuts are for the Railings, but the Government has not provided the Bidders with any Scope of Work, or any Electrical Drawings or any Electrical Specifications for the Railing Lighting.

Since the Bidders have yet to be provided with clear direction on the Railing Lighting, we ask again for the Government to provide the Bidders with a clear, unambiguous scope of work for this work as well as Electrical Drawings and Electrical Specifications that the Bidders can send to prospective Electrical Contractors for pricing purposes. Without this fundamental information, the Bidders cannot provide pricing for this work.

d. The Railing Lighting information provided on Dwg. L-567.00 is from a Landscape Drawing and does not provide sufficient Electrical information for pricing purposes. The Government should not expect the Bidders to use a

Landscape Architect’s drawing from a previous contract to bid or construct the Electrical Work for this contract. Please provide the appropriate Electrical Documents ASAP.

e. Please note that Detail #2 on Dwg L-567.00 does not show any Railing Lighting, but Detail #1 on Dwg L-567.00 calls out Railing Lighting. Please instruct the Bidders as to where Detail #1 is to be used and where Detail #2 is to be used with regard to the Railing Lighting.

f. If Railing Lighting is to be provided for the new Railings, the Bidders need to know how frequently the Light Fixtures are to be provided along the Railing and how power is to be provided to the Railing Lighting. This information is not provided on Dwg L-567.00 or in the Contract Drawings.

g. The bidders need to know the wiring sizes and conduit sizes and types of conduits for distributing the power to the Railing Lighting.

h. Where is the power to come from and how is the power to be distributed to the Railing Lighting where the Railing is to be installed in Contract 3A?

i. Where is the power to come from and how is the power to be distributed to the Railing Lighting where the Railing is to be installed in the previously constructed Contracts 1, 2, & 4A?

Govt Response: The contractor is only to install the railings. The railings design information is a per the drawings provided L-507 and L-604 (attached on this response).

The location of the railing is as per the submitted drawings, all the additional content regarding lighting or electrical details it is for their information use only.

12. All of the above information needs to be provided ASAP to the Bidders in order for the

Government to obtain appropriate pricing for Contract 3A, and it will not be possible for this information to be made available sufficiently in advance of the October 24th Bid Date.

Therefore, it is only appropriate for the Government to provide Notice to the Bidders that the bid date of October 24th will be extended. Please upload this Bid Date Extension Notice to FedBizOpps without delay.

Govt Response: Bid Opening is now set to November 12th per Amendment 0010.

13. Specification Section 31 41 16 refers to Unit Prices for the following:

a. Steel Sheet Piling, Type NZ26, Grade 60 to be measured and paid by the linear foot

b. Steel Fabricated Sections, Type NZ26 Plated Form 1, Grade 60 to be measured and paid by the linear foot

c. Cut-Offs to be measured and paid by each

d. Pulled Pilings to be measured and paid by each

e. Removal of Sheet Pilings to be measured and paid by the linear foot

Govt Response: CLIN 0001 has been amended to add SubCLIN 0001AA for steel with an estimated quantity of 1,098 linear feet. All Sheet piling should be Marine Grade A690 Grade 50.

14. However, the Schedule of Prices provided in Amendment No. 1 (now 8) includes only one line item (0001) for the bulkhead construction which is to be measured and paid by the Job (i.e. a lump sum). Please clarify.

Govt Response: CLIN 0001 has been amended to add SubCLIN 0001AA for steel with an estimated quantity of 1,098 linear feet. SubCLIN 0001AB has been added for all other costs for construction of the bulkhead system, excluding the steel sheet piling.

15. Please clarify Note 2 on the Schedule of Prices provided in Amendment No. 1 (now 8).

Will award be based upon the “Base Total Amount (CLIN 0001-0006) ” or the “Grand Total - Base Amount Plus Optional Items 1-8 Amounts (CLIN 0001-0008)”?

Govt Response:The award will be based upon the Grand Total that includes the Base

Total Plus Optional Items.

16. Page 00903-3 of the Contract documents indicates that prior to construction the

Contractor is to collect soil (above MHT) and sediment (below MHT) samples to be analyzed for VOAs, SVOAs, Pesticides/PCBs, TAL, Metals, and Dioxins. It is assumed that these samples will determine the locations and amounts of excavated soils that 1) can remain onsite, and 2) must be stockpiled, hauled off site and disposed at appropriate facilities. Please advise the number and depth of soil samples and the number and depth of sediment samples that will be required. If no response is provided, our bid will be based upon a total of 10 upland soil samples (Five in situ samples up to a depth of 4’ and five stockpiled soil samples) and no sediment samples.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. The bidder shall perform pre-construction sampling for backfill reuse (based on NJDEP guidance) on upland soils obtanined above MHT only. Bid Options 0009 and 0010 address this topic.

17. In addition to the preconstruction in-situ sampling noted above, Paragraphs 3.1 and

3.1.1.5 of Section 31 23 00 seem to indicate that post-excavation soil sampling and analysis of excavated and stockpiled material is also required. Please confirm that post-excavation soil sampling and analysis of stockpiled soil is also required, and if so, please advise the frequency of testing. If no response is provided, our bid will be based upon 5 preconstruction in situ soil samples and 5 post-excavation stockpiled soil samples.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. The bidder shall perform both pre-construction sampling for backfill reuse (based on NJDEP guidance) and post excavation sampling for waste disposal (based on landfill requirements). Bid Option 0009 addresses this. Bid Options 0009 and 0010 address this topic.

18. Paragraph 1.1 of Section 31 00 00 indicates that the steel sheet pile bulkhead is to be backfilled with select granular material. Paragraph 2.1.1 of Section 31 00 00 states that select granular material must be not less than 95% passing the 1” sieve and may have no more than 10% passing the #200 sieve. May onsite excavated material that is suitable to remain onsite (from a contamination perspective) be used as backfill for the bulkhead? If so, must the excavated soil meet the above noted gradation for select granular material in order to be used as bulkhead backfill? What are the horizontal and vertical limits (behind the bulkhead) where material meeting the select granular material gradation are required?

If no response is provided, our bid will be based upon re-placing all suitable (from a contamination perspective) excavated material on the site at any location other than 12” from the face of the bulkhead where imported select granular material will be installed.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. The specified fill is for the imported fill, and does not cover the existing on site soils to be excavated and backfilled.

19. Paragraphs 2.2 et seq of Section 31 41 16 indicates that the tie rods are to be grout encased, but paragraph 3.6.3 of Section 31 00 00 indicates that tie rods require 6” of NJDOT I-9 bedding and 18” of #57 crushed stone fill. Please clarify as to whether the grout encased tie rods are also to be underlain with I-9 and overlaid with #57 stone. A typical section through a tie rod would be helpful. If no response is provided, our bid will be based upon no I-9 or #57 stone being required at the tie rods.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. Tie rods are to be grout encased for corrosion protection (to make a bundle) and will require , 6” of NJDOT I-9 bedding (below) and 18” of #57 crushed stone fill (above and sides.

20. Paragraph 1.3 of Section 31 62 16.16 indicates that a pile load test plan and various submittals related to dynamic testing of piles are to be submitted; however, neither the remainder of this specification section nor the plans indicate where the load test(s) are to be performed or how many piles are to be tested. Please clarify. If no response is provided, our bid will be based upon no test piles or load tests of any type being required.

Govt Response: No pile load test will be required. Pile loading has been removed from the specfication document.

21. There does not appear to be a specification for the PVC drainage pipe and fittings. Please clarify. If no response is provided, our bid will be based upon providing PVC pipe per

ASTM D2729.

approach accordingly. PVC drainage pipe shall meet AASHTO M252 requirements as specified in Section 31 41 16 Sub Section 1.3 References.

22. Paragraph 1.1 of Section 33 40 00 appears to indicate that excavation, trenching and backfilling requirements for storm drainage systems are included in another Section entitled Excavation, Trenching and Backfilling for Utilities Systems; However, there is not such section in the contract documents. Please clarify. If no response is provided our bid will be based upon disregarding any reference to any non-provided specification.

approach accordingly. It is mentioned in same specification as well as that the section 31 23 00.00 20 for excavation and fill also applies

23. Please refer to the Tiebacks Subgrade Preparation and Backfilling notes 1 through 6 on plan sheet C-501 which indicate that tie rods are to be underlain with I-9 and overlain with #57 stone. Please also refer to the Tie Rod Detail on plan sheet S-501 which indicates that tie rods are to be encased in a corrugated sheathing and grouted. Please clarify as to whether the grout encased tie rods are also to be underlain with I-9 and overlaid with #57 stone. A typical section through a tie rod would be helpful. If no response is provided, our bid will be based upon no I-9 or #57 stone being required at the tie rods.

approach accordingly. Tie rods are to be grout encased for corrosion protection (to make a bundle) and will require 6” of NJDOT I-9 bedding (below) and 18” of #NJDOT I-57 crushed stone fill (above and sides). See Specifications Section 31 00 00 Earthwork Subsection 3.6.3

24. Please refer to the Typical Plan (Sta 12+18, 18+83), associated sections A-A and B-B and Existing Outfall opening table on plan sheet S-503 and respond to the following:

a. In section B-B it appears that the two pair of sheeting between the W44x262 H-piles on each side of the opening terminate 12” below invert of the pipe sleeves. Please confirm. If no response is provided, our bid will be based upon the sheet piling terminating 12” below invert.

b. In the Existing Outfall Opening Table there is a column entitled Cover Plate Size which appears to specify the dimensions of a steel plate. Where does this steel cover plate get installed? If no response is provided, our bid will be based upon the cover plate being mounted flush to the outside face of the concrete cap with 6” carbon steel expansion anchors at 2’ on center around the perimeter of the cover plate.

c. Is the existing HDPE drainage pipe to be extended through the new opening?

If so, is the Contractor to provide and install a piece of HDPE pipe as an extension? If so, what is the pipe specification and how is the extension to be connected to the existing pipe end? If no response is provided, our bid will be based upon providing no extensions of the existing HDPE drainage pipes.

d. Is the annular space between the extended HDPE pipe and the new pipe sleeve to be filled? If so, with what type of material and to what depth? Please clarify. If no response is provided, our bid will be based upon providing no extensions of the existing HDPE drainage pipes (and no annular space filler).

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly.

(a) Sheet piling terminates 12” below bottom of opening as indicated on drawings S- 503.

(b) Cover plate shall attach to outside face of concrete using stainless steel anchors.

(c) A sleeve extending from original pipe to new face of bulkhead shall be included.

(d) The annular space between extended HDPE pipe and new pipe will not be filled.

See Plan S-503.

25. Please refer to plan sheet 32 (Drawing No. L-567.00) where many of the details include lighting fixtures, drivers, wire and conduit. Details 1 and 6 refer to drawing L-604 which is not included in the bidding documents. Please provide drawing L-604 and please clarify the Government’s intent with regard to railing lighting. If railing lighting is required, please provide all necessary plans and specifications including, but not limited to, power source location and design of power conduit and wiring to the railing low voltage lighting transformers. If no power source details are provided, our bid will exclude the cost of any/all power source costs.

Govt Response: Bidders are responsible for their own interpretation and assumptions of the plans and specifications and selection of means and methods, and bidding that approach accordingly. The contractor is only to install the railings. The railings design information is a per the drawings provided L-507 and L-604 (attached to this RFI response), the location of the railing is as per the submitted drawings, all the additional content regarding lighting or electrical details it is for their information use only.

26. Are the ladders to be galvanized or painted? If painted, please advise which specification section applies. If no response is provided, our bid will be based upon galvanized, unpainted ladders.

Govt Response: Please refer to Specification Section 05 51 33 sub-Section 2.2

27. Sheet Piling Note 3. on plan sheet S-001 calls out coal tar epoxy coating for sheet piling and steel piles (i.e. H-piles). Similarly, specification Section 31 41 16 paragraph 2.8.1 calls for two coats of coal tar epoxy for sheet piles and steel piles (i.e. H-piles); however, specification 31 62 16.16 paragraph 2.1 calls for H-piles to be coated in accordance with Section 09 97 13.26 and specification 09 97 13.26 entitled Coating of Steel Waterfront Structures calls for paint system SSPC Paint 22, a 3-coat epoxy polyamide coating system which is different than coal tar epoxy. Please clarify what coating is required on sheet piles and what coating is required on H-piles. If no response is provided, our bid will be based upon 2 coats of coal tar epoxy per specification Section 31 41 16 paragraph 2.8.1.

Govt Response: 2 coats of coal tar epoxy for all steel piles and sheet piling.

28. Paragraph 2.1 of Section 31 41 16 specifies ASTM A690 Grade 60 sheet piling. Sheet

Piling Note 1. on plan sheet S-001 calls out ASTM A690 Grade 50 sheet piling. Grade 50 sheet piling is also called out for the sheet piles in the Steel Sheet Piling Properties Boxes on plan sheets S-301, S-302 and S-303. Please clarify what grade sheet piling is required.

If no response is provided, our bid will be based upon Grade 50.

Govt Response: ASTM A690 Grade 50 is the steel that needs to be used for bid. Please see previously submitted specification section 05 12 00

29. Please refer to paragraph 3.2.2.1 of Section 31 41 16 wherein it is stated, “At least two templates shall be used in placing each piling and the maximum spacing of templates shall not exceed 20 feet.” Please clarify this statement. How are the two templates related to one another? Are they to be separated by less than 20’ horizontally, vertically or in some other manner? A sketch would be helpful. If no response is provided, our bid will include means and methods for pile installation chosen by the contractor and this requirement will be disregarded.

approach accordingly. The specifications were updated to clarify this. The bidder shall note that the details on the templates are the contractor means and methods. The 20feet requirement is to maintain the designed bulkhead alignment.

30. Paragraph 1.8.1.1.a. of Section 01 35 29.13 indicates that land side (i.e. not river sediment) soil testing was performed which yielded contaminant levels above NJDEP Non-residential contact and Residential contact soil cleanup criteria. We request that the Government provide any and all data from land side sampling and analyses of upland soils within this reach (Contract 3A) of the bulkhead and/or other reaches (previously constructed or yet to be constructed) so that we may make an assessment of the contamination types and levels of the upland soils. If no response is provided, our bid will be based upon the upland soils to be excavated being contaminated, non-hazardous with contaminant levels below the NJDEP non-residential cleanup criteria.

Govt Response: We are not aware of any upland soil analysis in the project area.

31. How are the 48” and 60” flap valves (that are to be installed at stations 12+18 and 18+83 respectively) to be attached to the existing HDP drainage pipes and/or new concrete wall and/or new cover plates? Please provide a detail indicating same. If no response is provided, our bid will be based upon the flap gates being wall mount type (i.e. no wall thimble or pipe flange mount).

Govt Response: 48” and 60” flap valves are to be installed to the new concrete wall and as per the manufacturer’s recommended installation methods. Plan Sheet S-503 shows the details and Section 33 40 00 Subsection 2.3.5 refers to Flap valves

32. Referring to the Typical Plan (Sta 12+18, 18+83) on plan sheet S-503, please respond to the following with regard to the existing 48” and 60” HDPE storm pipes:

a. Do the existing pipes currently terminate at a headwall or some other type of structure that the Contractor must remove or tie-in to in some manner? Please provide a detail. If no response is provided, our bid will be based upon no headwall or other structure being present.

b. Do the existing pipes currently terminate at the proposed bulkhead line, inshore of the proposed bulkhead line or outshore of the proposed bulkhead line?

c. If the existing pipes currently terminate inshore of the proposed bulkhead line, is the Contractor to furnish and install an extension piece of HDPE storm pipe to or through the proposed pipe sleeves to be placed in the proposed concrete cap? If so, how is the Contractor to couple the proposed extension pipe to the existing pipe e.g. concrete collar, manufactured pipe coupling, or some other method? If no response is provided, our bid will be based upon providing no extension of the existing storm pipes.

d. What, if anything, is to fill the annular space between the proposed pipe sleeve in the proposed concrete cap and the existing or extended HDPE storm pipe? Please clarify. If no response is provided, our bid will be based upon no annular space needing to be filled or sealed.

e. How is the existing or extended HDPE storm pipe to connect to the proposed steel cover plate that seems to be required at the outshore face of the proposed concrete cap? If no response is provided, our bid will be based upon no connection of the existing storm pipes to the proposed cover plates.

of the plans and specification and selection of means and methods, and bidding that approach accordingly.

(a) Contractor must assess existing site conditions and based on AE site observations, it appears that the existing pipe do terminate at some type of headwall or structure.

Contractor should not remove the existing structure but tie in as per the typical plan detail shown.

(b Existing pipes currently terminate inshore of proposed bulkhead line as proposed alignment in on river side of the existing bulkhead.

(c) Yes, as per the proposed detail, a sleeve extending from original pipe to new face of bulkhead shall be included.

(d) The annular space between extended HDPE pipe and new pipe will not be filled.

(e) The connection should be made as per the manufacturer’s recommendation.

33. The inshore work limit from approx. Sta 10+00 to 13+00 is at 40’ from bulkhead line which does not allow sufficient area for excavation and backfill for anchor sheets, anchor wales and tie rod ends. Please widen the work limits to at least 50’ but preferable 60’ from bulkhead line. If no response is provided, our bid will be based upon working outside the work limit in this area.

approach accordingly. No additional easement will be provided outside the working limits.

34. Concrete Note 3. on plan sheet S-001 states, “All above grade concrete shall contain a corrosion inhibiting admixture.”[emphasis added]. Is the concrete cap over the entire sheet pile wall face and top to be considered above grade concrete?

Govt Response: Yes, it should be considered above grade concrete.

35. Further, the specifications do not address corrosion inhibiting admixtures and no dosage rate has been specified. Please clarify the requirements. If no response is provided our bid will be based upon a dosage rate of 1 ounce of corrosion inhibiting admixture per cubic yard of concrete delivered.

Govt Response: Only microcrystalline admixture required. Provides corrosion protection. See Specification Section 03 31 01.00 Sub Section 1.5.7.1 as it addresses dosage rate. The microcrystalline admixture required does provide corrosion protection.

36. Type 5 Sulfate Resistant cement does not appear to be commercially available in the project area. Will the USACE consider alternate types of cement? If no response is provided and if type 5 sulfate resistant cement is found not to be available from any concrete plant in the City of Newark, our bid will be based upon providing a commercially available type of cement.

approach accordingly. It is our understanding that Type V Sulfate Resistant cement is available in the NY Metro Area. The contractor shall plan accordingly.

a. The USACE response to question 2. on page 28 of 48 of Amendment No.

0008 indicates that there is a pay item for general fill; however, the Schedule of Prices provided in Amendment No. 0008 includes no unit price pay item for any type of fill. Please clarify.

Govt Response: The General Fill is part of the CLIN 0001

"General Decision Number: NJ20190052 10/04/2019

Superseded General Decision Number: NJ20180052

State: New Jersey aed 10/30/2019

Construction Type: Heavy

County: Essex County in New Jersey.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019 1 02/01/2019 2 05/10/2019 3 10/04/2019

BRNJ0004-001 05/01/2018

Rates Fringes

CEMENT MASON.....................$ 42.20 32.36

CARP0006-009 11/01/2018

Rates Fringes

CARPENTER (Scaffold Builder).....$ 49.51 57%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0006-013 11/01/2018

Rates Fringes

CARPENTER (Including Form Work)............................$ 49.51 57%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

* CARP0715-007 05/01/2019

Rates Fringes

Millwright.....................$ 50.66 58%+0.25

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

* ELEC0164-008 06/03/2019

Rates Fringes

ELECTRICIAN

Cable splicer...............$ 63.10 61.5% Electrician.................$ 55.64 61.5%

Work on line voltage of 440 or 480 volts: 10% per hour additional.

Work from trusses, scaffolds, frames, ladders and poles, 40

ft. or more above the ground or floor (does not include work from a manlift): 20% per hour additional.

Work on radio towers, transmission towers and smokestacks:

21% per hour additional.

ENGI0825-021 07/01/2018

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 51.77 30.45

GROUP 2.....................$ 50.18 30.45

GROUP 3.....................$ 48.27 30.45

GROUP 4.....................$ 46.64 30.45

GROUP 5.....................$ 44.93 30.45

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS:

New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided

1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1:

Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill);

Elevating Grader; Excavator; Front End Loader (5 cu. yd.

and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable)

GROUP 2:

Backhoe Loader Combo; Concrete Pumper;…